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Help needed divorced 2 years ago

2»

Comments

  • The equity was probably around 150k at the time. I don't live with my new partner.
  • It's just so stressful. I will speak to a lawyer. Thanks
  • pphillips
    pphillips Posts: 1,635 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    Some solicitors will give you the initial consultation for free.
  • mark5
    mark5 Posts: 1,365 Forumite
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    Op are you Russian, Latvian, British etc?

    How well did you understand the document you signed if it was English and it's not your first language?

    Part of me thinks if you escaped an abusive relationship and he wants little contact with your daughters then he's actually doing you and them a favour staying away from them.
  • Laz123
    Laz123 Posts: 1,742 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    pphillips wrote: »
    Unfortunately ignorance of the law is no excuse and unless he made a dishonest financial disclosure or you were made to sign under duress, a judge is unlikely to want to tamper with a private arrangement - particularly if it is in the form of a contractual document.

    You should however get him to pay child support and the contact details for the Child Maintenance Service are available on their website https://www.gov.uk/child-maintenance/contact .

    It might also be worth checking if you qualify for any social security benefits, you can do this online through https://www.gov.uk/benefits-calculators .

    I think you're wrong. Women have won substantial amounts from their ex-husbands even after a signed agreement and AFTER being divorced.
  • pphillips
    pphillips Posts: 1,635 Forumite
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    edited 12 November 2016 at 1:18AM
    I never said that women couldn't win substantial amounts after signing an agreement but I think you will find that this doesn't happen automatically as there has to be a proper legal basis for them going after their ex husband for more money.
    The following six scenarios are the only ones I am aware of when they might succeed:
    1. There was a dishonest financial disclosure
    2. The agreement was signed under duress
    3. The agreement was ignored / not followed
    4. There was no proof that an agreement had ever been made
    5. There was, at the time, a relevant fact that was not taken into account, which should have been considered.
    6. Since the agreement was made there has been a pertinent & significant change of circumstances
  • To add to pphillips list there are some others:

    7. If the person who wishes to back away from the agreement did not receive legal advice before they signed it, then the other party would have to prove that no legal advice was necessary as the agreement was written in such simple terms and that they understood what they were giving up.

    8. If the parties did not intend the agreement to be effective (i.e. it was written for other reasons - see Gray v Work)

    9. The agreement does not cater for the reasonable needs of any dependent children.

    It would seem to me that the agreement fails on a number of these reasons - no financial disclosure, signed under duress, no legal advice and does not cater for the needs of your daughters.
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